Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7750 of 2019 Applicant :- Rihana Opposite Party :- State Of U.P. Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 25.6.2018 some unknown persons killed Taiyyab (brother of complainant). During investigation, co-accused Sakir @ Sakko was arrested by the police, he stated that there is illicit relation between applicant and deceased due to which he killed Taiyyab with the help of Rihana and Raheesh.
It is submitted by learned counsel for the applicant that applicant is the lady. The applicant is innocent and has been falsely implicated in the present case. She was not named in the F.I.R. The name of applicant was disclosed by co-accused Sakir @ Sakko. There is no legal evidence against the applicant except the confessional statement of co-accused Sakir @ Sakko before the police personnels. There is no independent witness. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 30.6.2018 (near about eight month) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Rihana involved in Case Crime No. 315 of 2018, under Sections 302, 120-B, 34 IPC, Police Station Barsana, District Mathura be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.2.2019 A. Singh